FULL RECOMMENDATION
SECTION 28(8), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : MBCC FOODS (IRELAND) LIMITED - AND - DAMIAN ROGALA (REPRESENTED BY BLAZEJ NOWAK) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Non implementation of Rights Commissioner'a Decision R-081264-Wt-09/GC
BACKGROUND:
2. The worker referred his case to the Labour Court on the 22nd March, 2010. The following is the Court's determination:
DETERMINATION:
A complaint having been received under Section 28(8) of the Organisation of Working Time Act, 1997 (the Act) by Damien Rogala, 19 Talbot Street, Dublin 1 that MBCC Foods (Ireland) Limited, Unit 12 Retail Park, Eastgate Retail & Business Park, Little Island, Co. Cork failed to implement a decision of a Rights Commissioner, No. r-081264-wt-09/GC dated 3rd February, 2010.
And the said decision not having been carried out by the employer,
And no appeal having been brought against the said decision within the time limit for such appeals,
The Court hereby determines that in accordance with the decision of the Rights Commissioner the said Respondent must pay the complainant the sum of €400.00 in respect of breaches of the Act.
Signed on behalf of the Labour Court
Caroline Jenkinson
26th April, 2010______________________
CONDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Ciaran O'Neill, Court Secretary.